Supreme Court dismisses review petition filed by Bilkis Bano challenging release of 11 convicts

The review petition Bilkis Bano had filed on December 17 challenging the release of 11 men who were convicted of gang raping her and killing her family members during the Gujarat riots of 2002 was dismissed by the Supreme Court. A bench consisting of Justices Vikram Nath and Ajay Rastogi issued the order.

A bench that included Justices Ajay Rastogi and Vikram Nath decided in May 2022 that the Gujarat Government had the authority to consider the remission request because the crime occurred in Gujarat. In addition, the bench ordered the Gujarat government to decide the application within two months in accordance with the remission policy of 1992.

In her plea, Bano cited Section 432(7)(b) of the Code of Criminal Procedure, which states that the government of the state where the offender is sentenced must also consider remission. She said that the Supreme Court's opinion that Gujarat had the "appropriate government" to decide on the convicts' release was against the code.

On Wednesday, December 14, the Supreme Court declined to consider arguments for an earlier appointment of a new bench to hear Bilkis Bano's appeal against the 11 convicts' request for a new trial.

A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha was urged by lawyer Shobha Gupta arguing on behalf of Bano, that another bench needed to be constituted to hear the case. “The writ (petition) will be listed. Please, do not keep mentioning the same thing again and again. It is very irritating”, the CJI said.

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